FIT2RACE, INC., ET AL. v. JANSON MILES POPE ET AL. - Articles

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Posted by: Chandra Williams on Feb 1, 2016

Court: TN Court of Appeals

Attorneys 1:

Jeffrey A. Greene, Franklin, Tennessee, for the appellants, Fit2Race, Inc., Stefan Laursen, and Paul Lundgren.

Attorneys 2:

Nicholas M. Tidwell, Brentwood, Tennessee, for the appellee, Janson Miles Pope. Reba Brown and Brad W. Craig, Nashville, Tennessee, for the appellee, Phillip Leon Davidson.

Judge(s): BENNETT

Defendants in a federal civil conspiracy case that was voluntarily dismissed filed a malicious prosecution case in state court against the plaintiff and his attorney. The plaintiff and his attorney filed motions for summary judgment, which the trial court granted. The defendants appealed, and we affirm the trial court’s judgment. When a plaintiff voluntarily dismisses a lawsuit, the dismissal does not constitute a “favorable termination” for purposes of satisfying the third element of a malicious prosecution lawsuit.

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